For second time, county okays deal to allow waterfront homes
But the settlement requires a judge's approval before 70 acres once used for an RV park can be developed.
By CATHERINE E. SHOICHET
Published December 8, 2005
INVERNESS - After reconsidering their decision for more than a month, county commissioners voted again Tuesday to approve a lawsuit settlement that would allow a 50-home waterfront subdivision in northwest Citrus.
Commissioners also voted 4-1 to approve the 810-home Allen Plantation project, planned for 213 acres stretching from the southwest corner of County Road 491 and W Horace Allen Street to N Maylen Avenue in Lecanto.
The lawsuit settlement, which Circuit Judge Patricia Thomas must approve before it becomes final, would allow the estate of W.W. Caruth Jr. to develop about 70 acres formerly used for a recreational vehicle park.
The County Commission initially approved the settlement on Oct. 25. On Nov. 8, then-Chairwoman Vicki Phillips called an emergency meeting in which commissioners decided to reconsider. They scheduled an executive session, a meeting closed to the public during which commissioners can discuss legal strategy.
"I had a major concern with the judicial review that was going to take place," Phillips said.
But Phillips said all her questions were answered after Tuesday's executive session with the county's staff and attorneys.
Commissioner Joyce Valentino, who also had expressed qualms about her Oct. 25 vote, said nothing during the executive session persuaded her to change her mind.
"I didn't hear anything different, and I do truly feel that my first decision was the right decision," she said. "I did it based on the public interest, what was best for the citizens, and I still feel that way right now."
Commissioner Gary Bartell, who voted against the settlement in October, again was the lone dissenter.
He repeated his concerns that the family's claim came after the statute of limitations had expired, and that the settlement violates several elements of the county's comprehensive plan.
"When we violate our own comprehensive plan, we have taken the integrity of the comprehensive plan away, and I just don't feel I can do that," Bartell said.
During a public comment period, several residents also said they were opposed to the settlement's conflict with the comprehensive plan.
"Enforcing the comprehensive plan is our only way to protect environmentally sensitive areas," said Ron Miller, president of the Save the Homosassa River Alliance.
Several people noted that portions of the proposed development would be within 5 miles of the Progress Energy nuclear plant, a region specified in the comprehensive plan as an area where the county would like to restrict growth.
That is true, director of Development Services Gary Maidhof said, but he said that building permits have never been denied on the basis of that portion of the comprehensive plan.
Crystal River attorney Carl Bertoch, who filed an objection to the settlement in circuit court last month, said going against the comprehensive plan in the settlement would set a bad precedent for the county.
But Phillips said future claims like this one will be examined on their own merits.
"Courts set precedents, but we don't," she said.
The commission voted 4-1 to approve the age-restricted Allen Plantation proposed by developer Leeds Holdings Southeast of Winter Park.
Senior planner Joanna Coutu told commissioners the 810-home development is the first of many large projects that will come before the commission.
"We haven't seen large developments like this very often, but I'll tell you there's a lot that have been applied for and a lot in the pipeline," she said.
In their vote Tuesday, commissioners approved a change in the zoning on 9.5 of the 213 acres from low-density residential to medium-density residential to allow for duplexes and triplexes. The commission also approved a planned development overlay for the project.
Valentino said she voted against the project because she was still concerned about the close proximity of a Crystal River Quarries mine - an issue that was brought to the attention of commissioners at their workshop on the development last month.
The mine is on Maylen Avenue just south of the proposed development.
James A. Neal Jr., an attorney representing the mining company, proposed several conditions Tuesday that he said Crystal River Quarries and Leeds Holdings Southeast officials had agreed upon.
The conditions include the right for the company to locate a blast monitor at the closest Allen Plantation residence and conduct vibration studies on the property. In addition, the developer will notify potential purchasers of the mine on plats, deeds and contracts.
Inverness attorney Clark Stillwell, who represents Leeds Holdings, said the developer had revised its site plan to increase the buffer between the development and the mine.
"I'm concerned for the citizens," Valentino said. "You're not going to do the testing until after we approve the project. We don't know what the impact will be to that development."
Phillips said she was concerned about the amount of traffic the project would generate and said the developer should have to improve Maylen to handle the increased volume.
But Stillwell said the $1.5-million cost of improving the road was not justified by a traffic study. The developer has agreed to pave about 4,000 feet of W Horace Allen Street, where the community's gated entrance will be located, and give the county right of way land for improvements on Maylen.
Phillips ultimately voted for the project, but she said as larger developments continue to come forward, county staffers need to develop a more sophisticated method of analyzing traffic.
"We need to address the impact they have on local roads when they have a gated community," she said.
Allen Plantation, marketed to "active adults," is scheduled to have a large clubhouse, a fitness center, a main pool, a secondary "grandkids pool" and a trail for biking and walking. Developers have said a full-time community manager will work at the development to plan social activities.
The project will also include three commercial buildings with an access point on CR 491. Two of those buildings - planned to be 30,400 square feet and 22,500 square feet - will house specialty retail, like real estate offices, insurance offices, dance studios, florists or small restaurants. A smaller, 10,000-square-foot building will be a shopping center.
Catherine E. Shoichet can be reached at cshoichet@sptimes.com or 860-7309.